11/04/2010

Antoin "Tony" Rezko, once a top adviser and contributor for former Gov. Rod Blagojevich, is set to be sentenced Jan. 28 for his role in a scheme to solicit kickbacks from companies seeking state contracts.

Rezko has agreed to cooperate against Blagojevich but wasn't called to testify at the former governor's trial last summer. With Blagojevich's retrial set to begin in April, Rezko's sentencing months before could signal he is unlikely to be called again. Defendants usually aren't sentencing until after their cooperation has been completed.

A sentencing date was not set today for Rezko's co-defendants, Stuart Levine, Joseph Cari and Steven Loren, who will next return to federal court for a status hearing in March.

Randall Samborn, a spokesman for the U.S. attorney's office, declined comment today on if prosecutors would call Rezko to testify at Blagojevich's retrial.

A month ago, Rezko entered a guilty plea to fraud charges in a separate case involving fraudulent loans used in a bogus sale of pizza restaurants. Rezko is scheduled to be sentenced on Dec. 17 in that case by the same judge presiding over Blagojevich's case.

10/27/2010

A federal judge denied former Gov. Rod Blagojevich's bid to be acquitted on the one count a federal jury convicted him on last summer.

In a decision made public today, U.S. District Judge James Zagel said he found no reversible error and rejected the defense contention that prosecutors unfairly targeted Blagojevich, brought an overly complicated case to the jury and then "stomped upon" Blagojevich's right to defend himself.

Lawyers for Blagojevich had claimed a "plethora of errors" in his trial had led to his conviction on the lone count of lying to the FBI.

The jury was unable to reach a decision on 23 other counts, and Blagojevich now is set to be tried again on those charges in April.

"Defendant's motion is founded in substantial part on the well-known principle that if a lawyer cannot attack the law or the facts in a criminal prosecution, the only recourse is to attack the prosecutor," Zagel wrote. "One aspect of the case that makes it clear that the defense had no attack on the law or the facts &#8230; is that defense counsel did not, and correctly so, choose to attack the evidence of defendant's culpability of the offense for which he was found guilty."

Blagojevich was convicted of lying to the FBI during a 2005 interview when he said he did not track or want to know who contributed to his campaign. Zagel said that statement was shown to be false at trial.

10/22/2010

Former Gov. Rod Blagojevich's lawyers want to postpone his retrial on corruption charges until May.

Blagojevich's legal team, reduced in size after draining the former governor's campaign funds during the first trial, said in a filing this morning that it doesn't have time to adequately prepare for a trial tentatively scheduled to begin in early January.

"To proceed to trial in two months time with a drastically reduced defense team is an unworkable framework," wrote attorney Lauren Kaeseberg, noting the upcoming holidays leave only 43 business days before the first of next year.

The timing of the retrial promises to be an issue at a status in the case at noon today before U.S. District Judge James Zagel.

Prosecutors have moved to retry Blagojevich after jurors in August deadlocked on 23 of the 24 counts against the former governor. He was convicted of one count of lying to the FBI.

U.S. District Judge James Zagel on Friday excused lawyers Sam Adam and his son, Sam Adam Jr., from representing former Gov. Rod Blagojevich at his retrial.

The Adams cited financial reasons in seeking to withdraw as the lead lawyers in the case. Attorneys Sheldon Sorosky and Aaron Goldstein are expected to represent the former governor at his retrial in January.

Zagel did not grant the Adams a full withdrawal, saying there could conceivably be future proceedings they might be summoned for or involved in &#8211; such as a sentencing on the one count Blagojevich was convicted of in August.

But when Blagojevich is tried again on 23 corruption counts, the fiery father-and-son tandem do not have to be present. They have told Zagel they will function as voluntary advisors of sorts.

"To put it in simple terms, they don't have to come to court," Zagel said.

Zagel asked the lawyers still handling the case to return to court Oct. 19 for another status hearing.

09/30/2010

Sam Adam and Sam Adam Jr., the father and son who led the legal team that defended former Gov. Rod Blagojevich at his trial last summer, have officially filed to withdraw from the case.

The move has been expected since shortly after the corruption trial ended in August with the jury unable to reach a decision on 23 of 24 counts. The former governor was convicted on one count of lying to the FBI. Prosecutors have said they will retry Blagojevich on the other 23 counts.

The decision to withdraw came after a number of meetings between attorneys in the case and Blagojevich, according the motion filed by the Adams.

The Adams will "remain in an advisory position assisting with strategy and preparation for trial, in concert with his remaining counsels, attorney Aaron Goldstein and Sheldon Sorosky," the filing said.

U.S. District Judge James Zagel had given lawyers in the case until Friday to file papers to withdraw from the case.

Blagojevich had seven attorneys on his team for his first trial, a group paid out of his now-depleted campaign fund. Zagel has told the former governor that if his defense is funded by the public for the retrial as expected, he will be allowed just two lawyers.

"Both (Adam and his son) remain constant in their advocacy of former Gov. Blagojevich's innocence, and shall continue to maintain a close working relationship with (him) and his trial counsels," the motion said. "In fact (the Adams) are dedicating the entire third floor of their law office to the remaining trial team for as long as necessary, and without reimbursement for that space. "

The father and son will help the remaining lawyers prepare for trial without being paid for their time, according to the filing.

Sorosky has said Adam Jr. had doubts he could be as effective in a retrial as he was the first time he argued the case. The younger Adam gave both the opening and closing statements in his normal bombastic style, sometimes clashing with Zagel as the judge worked to keep the trial orderly.

09/14/2010

Lawyers for former Gov. Rod Blagojevich are seeking to have his conviction for lying to the FBI thrown out, alleging that a "plethora of errors" led to the lone guilty verdict last month out of the 24 counts he faced.

Blagojevich contended prosecutors brought an overly complicated case that confused the jury and then tried to limit his lawyers at every turn. Questioning of witnesses by the ex-governor's lawyers often was stopped by government objections and lectures from U.S. District Judge James Zagel.

"To be sure, the burden was on the government and the defendant had no obligation to put on a case," the defense motion said. "However, the defendant‘s fundamental right to defend himself through cross examination was stomped upon by obstructionist (and continuous) objections that were sustained by the Court."

The lone charge on Blagojevich was convicted stemmed from a 2005 interview in which the then-governor told an FBI agent that he was not involved in the details of fundraising.

"He noted that when he attends his events he becomes aware of some of those who are supporting him, but he does not track, or want to know, who is contributing or how much they are contributing to him," the defense quoted Murphy as saying in his report of the interview.

The defense contends that statement was taken out of context and that Blagojevich had been asked about fundraising just after being questioned about how state contracts were doled out.

"It was common knowledge (and common sense) at the time (March of 2005, with a pending re-election the following year) that the Governor would be included in meetings regarding fundraising, and moreover, the Governor actually told the FBI agents that he was involved in fundraising during the very interview in question," the defense motion said.

The U.S. attorney's office had no immediate comment on the filing.

After a two-month trial, Blagojevich was convicted Aug. 17 on the one count of making false statements. But the jury could not decide on the other 23 counts, including that Blagojevich tried to auction off the U.S. Senate seat vacated by President Barack Obama following his election in 2008.

Blagojevich faces up to five years in prison for the one count of conviction, but that sentencing would be delayed until after the former governor is tried a second time on the charges on which the jury deadlocked. Zagel has suggested the retrial could take place as early as January.

09/08/2010

Lawyers in the case against Rod Blagojevich were back in court today as U.S. District Judge James Zagel discussed how he will handle the next jury at the retrial of the former governor.

As he did in the first trial this summer, Zagel said he will be keeping the names of jurors secret during the proceedings to minimize their potential media exposure while the trial is underway. That plan brought a media protest in Blagojevich's first trial with lawyers for the Chicago Tribune and other news organizations seeking the release of the jurors' identities.

Zagel set a Nov. 1 deadline for the news media to again object to the plan.

Zagel also said he would not be releasing the names of jurors shortly after their duties had been completed as he did with last month's verdict, saying instead he would hold off on disclosing their identities for 24 hours.

"That's based on the experience some jurors had with the prompt release," the judge said without elaboration.

The jury deliberated 14 days last month before convicting Blagojevich on one count of lying to the FBI and deadlocking on all 23 other counts. Prosecutors said they would retry the former governor on the remaining 23 counts, including on charges Blagojevich attempted to sell the U.S. Senate seat vacated by President Barack Obama.

Blagojevich, who didn't attend this afternoon's hearing, faces up to five years in prison for lying to the FBI, but his sentencing won't take place until after the retrial.

Zagel set no date for the retrial but has previously told attorneys to be ready as soon as the first week in January. The judge told prosecutors to let Blagojevich's lawyers know by Nov. 15 if their case will change in any significant way from the original trial.

Zagel said lawyers should prepare a new questionnaire for prospective jurors for the retrial, asking about their exposure to coverage of the initial trial. Prospective jurors will be told the trial that could last 10 to 11 weeks.